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I’m not too sure about that. I think it’s pretty open and shut and scotus can’t do anything about it.
Case law has found time and again that states can decide their own election laws, and that the federal government cannot override that except in the most egregious cases.
But the very cases where they chose to defer were huge, election changing cases, like Bush v Gore and the VRA.
I don’t think they can even issue a stay without doing the exact same thing. The current stay is through the 4th because CO law says they have to set the ballots by Jan 5. So even issuing a stay would be the feds overstepping the bounds.
Overstepping their own bounds in fact, since people still on this court decided those cases, and Gorsuch actually ruled on this same Colorado law in favor of CO having the right to control its own ballot.
What this means is very possible sweep in CO, because if Trump isn’t on the ballot, that will hurt turnout which would flip some new areas blue. That’s the entire downticket from senators to dogcatchers.
Justice Thomas will go on a long vacation aboard a yacht and come back with a different opinion than you.
I have no doubt about that one.
The fun bit is that he voted with the majority in those other cases. He’s going to either come up with some Olympic level gymnastics or just write “No.” There’s no in between.
Actually I have MORE faith in Thomas siding with Colorado because he's corrupt. A dictator doesn't need a corrupt supreme court but a republican president does.